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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nyaya Sanhita, 2023 · Chapter IV: Of Abetment, Criminal Conspiracy And Attempt

Section 59 BNS: Public servant concealing design to commit offence which it is his duty to prevent

Corresponding IPC
Section 119 IPC
Punishment
If offence committed, up to one-half of the longest term, or fine, or both; if punishable with death or life, up to 10 years; if not committed, up to one-fourth of the longest term, or fine, or both
Note
Adds concealment by encryption or any other information hiding tool.

Classification of offence

SectionCognizable?Bailable?Triable by
59(a)Same as the offence it relates toSame as the offence it relates toCourt that tries the related offence
59(b)Same as the offence it relates toNon-bailableCourt that tries the related offence
59(c)Same as the offence it relates toBailableCourt that tries the related offence

As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Bare Act text

Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall,—

(a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or

(b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or

(c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both.

Illustration. A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section.

Text as enacted in the Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Punishes a public servant who conceals, or falsely represents, a design to commit an offence he is duty-bound to prevent, intending to facilitate it or knowing it likely. Penalty scales with whether the offence is committed and whether it is punishable with death or life imprisonment.

Chapter IV: Of Abetment, Criminal Conspiracy And Attempt

  1. 45 Abetment of a thing
  2. 46 Abettor
  3. 47 Abetment in India of offences outside India
  4. 48 Abetment outside India for offence in India
  5. 49 Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment
  6. 50 Punishment of abetment if person abetted does act with different intention from that of abettor
  7. 51 Liability of abettor when one act abetted and different act done
  8. 52 Abettor when liable to cumulative punishment for act abetted and for act done
  9. 53 Liability of abettor for an effect caused by act abetted different from that intended by abettor
  10. 54 Abettor present when offence is committed
  11. 55 Abetment of offence punishable with death or imprisonment for life
  12. 56 Abetment of offence punishable with imprisonment
  13. 57 Abetting commission of offence by public or by more than ten persons
  14. 58 Concealing design to commit offence punishable with death or imprisonment for life
  15. 59 Public servant concealing design to commit offence which it is his duty to prevent
  16. 60 Concealing design to commit offence punishable with imprisonment
  17. 61 Criminal conspiracy
  18. 62 Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
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